02-1358 STEWART V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 02-1358 STEWART V. STATE

Case Date: 12/24/2003

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2003

KELVIN STEWART, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** CASE NO. 3D02-1358 LOWER TRIBUNAL NO. 00-391

Opinion filed December 24, 2003. An appeal from the Circuit Court for Miami-Dade County, Pedro P. Echarte, Jr., Judge. Bennett H. Brummer, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellant. Charles J. Crist, Jr., Attorney General, and Consuelo Maingot, Assistant Attorney General, and Venus Zilieris, Certified Legal Intern, for appellee. Before COPE, GODERICH and SHEPHERD, JJ. PER CURIAM. Kelvin Stewart appeals his conviction for two counts of armed robbery and one count of armed burglary. We affirm.

First, the defense claims that the State knowingly offered

false testimony at trial in violation of Giglio v. United States, 405 U.S. 150 (1972), was never raised in the trial court and is not, in our view, fundamental error. This claim is thus not

properly preserved for appellate review. See

Download 02-1358 STEWART V. STATE.pdf